P. v. Carr CA2/1
A jury convicted defendant Lloyd Carr of first degree residential robbery, first degree burglary, and assault with a deadly weapon. In a bifurcated trial, the court found true allegations that Carr had certain prior convictions, including two strike priors. The court sentenced him under the “Three Strikes” law to a total term of 36 years to life.
On appeal, Carr challenges several aspects of his sentence and the associated proceedings. Specifically, Carr argues that: (1) the evidence was insufficient to support the court’s true finding regarding three of the prior convictions alleged; (2) the court erred by refusing to strike one or more prior convictions under section 1385 and People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero); (3) the court should have stayed the sentence on the burglary count pursuant to section 654; (4) the restitution amount should be reassessed if Carr’s burglary sentence is stayed; and (5) Carr was denied a fair hearing before an unbi
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